Advice On Statutory Demand

[Guest Persha]

Hi - I have been issued with a statutory demand - which I know not to ignore and I have made an appointment to speak to Stephensons on Monday as I need to pay them and will only have money then. What I am worried about is the following:

 

The SD is dated 15/10/09 ALTHOUGH it was only hand delivered through my letter box on 27/10/09 I also have letter from the creditor dated 27/10/09 stating that they have issued the SD, I have just received a letter from them today to say that my 21 days expires on Saturday 7th November. I thought it was 18/21 days from DATE OF SERVICE. If they did go ahead and start the bankruptcy would they be at fault. HELP really panicing. We VT the car having only £1800 left to pay so am confident SD will be set aside.

[loobyloo85]

I am not certain if they would be at fault with this, but usually the stat demand starts when it has been served to you, which would be 27/10/09. You would usually then have 18-21 days to apply to have it set aside. I would suggest you apply to have this set aside asap just to be on the safe side.x

[Guest Persha]

Hi - am talking to lawyers on Monday to get it sorted, was just worried as the letter they sent today said it was up on Saturday 7th November, which is not the 19/21 days.

[supasnooper]

hi there,

 

Stat demands aren't my forte but have a look through these links (courtesy of 42man) - Filling out form 6.4 (stat demand set aside)

 

Statutory Demand on a Stature Barred Debt! Mortimer Clarke/Marlin ***WON***

 

Electronic Forms 6.4 and 6.5 for statutory demand set aside

 

Getting Statutory Demand Set Aside**WON IN COURT**

[42man]

Persha do you have a CCA request outstanding on the agreement ? any default notices ? any excessive charges or PPI on the deal ? Make sure any lawyer you speak to is aware of the Consumer Credit Act too...you will find quite a few threads in here on stat demands - DCA Legal Successes - The Consumer Forums

[42man]

Is there a dispute in place at the moment ? Is the named court your closest ? please check to see if they handle bankruptcies as some solicitors have been known to put the wrong court on it i.e. some have put the clostest court to a debtor but the court never handled BR and insolvencies....also is there a name and telephone number on the demand ?

[Guest Persha]

Hi - they have already sent me copies of the agreement, this dispute has been doing on since April 2005. What i am concerned about is that I am only speaking to lawyers on Monday, its and agreement from Yes Car Credit, so I am certain the the agreement will be unenforceable and there are loads of the problems with it, being deposit taken away from the insurance, PPI, we also VT the car after having paid more than 2/3, I have loads of letters from the creditor giving chances to make an offer but I always written back to say I will not pay and am disputing the debt. What I am worried out NOW is that the SD was served by hand (just through the letter box not signed for) on 27th October and I got a letter yesterday saying my 21 days was up on Saturday 7th November, which according to me is not 21 days and as I only get the SD set aside next week am scared that they will start the proceedings. I have advised the creditor that I am seeking legal advice.

[42man]

You can apply for a stat demand to be set aside outside the time limits....but it usually costs £30...however if you say in a witness statement accompanying your 6.4 and 6.5 that it was only served on you on the 27th then a judge will have to consider it....i'll see if I can dig around some BR cases where it could be an abuse of process to serve it without giving the proper timescale....

[Guest Persha]

Hi - what I would like to know is can the debt agency apply for bankruptcy on the 7th November when the SD was only served on 27th October, which means that they have not given me 21 days. I am getting the SD set aside next week as according to my calculations my time is up on Monday 16th November.

[Hestia]

Hi, could you let me know any info on setting aside outside the time limits - I've been sent an sd abroad - I'm staying with my mum for a bit - which only arrived on friday and gives me until sunday according to the date to apply for set aside - I've started a thread and have been receiving great help but this might change everything - any help/advice appreciated

 

AMEX Westminsters Urgent Help Please - Statutory Demand